Justin Cooke

September 5, 2013

How To Hire Your First VAIf you’re secretly worried about your first Virtual Assistant “hire” – we’re here to tell you that you’re not alone.

What if he or she sucks? What if you don’t have enough work for your VA to do? How do you choose someone that’s likely to LAST?

Joe and I are on the ground in the country that most of you are looking to hire virtual assistants and we wanted to give you some real-world advice, tips, and tricks when it comes to hiring your first VA. In this episode we’ll cover topics that include what projects you should be hiring for, how to ensure you’re building the team that you need, and how to get the most out of your new VA hire.

Whether you’re currently working with a virtual assistant or looking to hire someone in the near future, this is an episode you won’t want to miss.

Also – at the top of the show we mentioned a business/site giveaway! Leave your best comments on why you want the site and what you plan to do with it, and we might pick you to win both GetMeListedNow.com and GetMeListedNow.co.uk!

Check Out This Week’s Episode Here:

 

Direct Download – Right Click, Save As

Topics Discussed This Week Include:

  • Business Website Giveaway! – Listen in for details!
  • Replace yourself on PROFITABLE streams of revenue
  • Hire With Specificity – Nobody can do everything
  • DIY Vs. Done-For-You services
  • Tips And Tricks To Weed Out The Donkeys
  • Using The Buddy System To Your Advantage
  • Skill Transfering And The “Access” Debate

Mentions:

So – what struggles have you dealt with when looking for your first VA hire? Any tips you’d like to share? Let us know on Twitter, drop us a voice recording, or leave us a comment – we’d love to hear from you!



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Discussion

Leave a comment
  1. seba112 says:

    Nice Podcats guys. Hoho….Justin is coming back to the Podcast:X
    this or that? the Sky Is Blue :)))))))) I fell off with my chair of laugh.

  2. Gunnar Bengtsson says:

    Very timely podcast subject, I just submitted my job description to Virtual Staff Finder yesterday! I’m looking for a low level web developer to start replacing myself on some of the more time consuming tasks I do on a daily basis.

    • Justin Cooke says:

      Awesome, Gunnar!

      Yeah, VSF is great, but you have to be pretty specific when it comes to what you’re looking for. The more specific you are, the better chance they’ll find you exactly what you need…it sounds like you’re off to a good start! Let us know how it works out for you, eh?

      • Gunnar Bengtsson says:

        I’ll definitely keep you guys posted on how it goes Justin. By the way, I like the idea of having them do that grammar test, I’ll see if I can implement that this time.

        • Using the grammar test will revolutionize your hiring. No joke, it’s that good. It measures so many more things than just grammar — like can they pay attention for a few hours or do they have a good enough internet connection with a quiet place to work.

          • Gunnar Bengtsson says:

            So I’ve been interviewing web developers yesterday and today. Very interesting process to go through. I love the grammar test as it gives me an actual measurable data point to look at when comparing candidates. I have three candidates that are all, as far as I can tell, reasonable well versed technically. All three have a couple of years of work experience and are in their early to mid twenties. But one of them scored an 86 on the grammar test – the others scored 79. All else being equal I’m leaning towards hiring the candidate with the highest grammar score. Makes sense, right? I guess it also helps that this candidate did well in the Skype interview and was the only one I had an actual face to face video feed from – the others were voice only.

          • Makes sense, though I would says with developers a keen mind and ability to take objectives to a reality is more important than grammar scores. 79 and 86 in terms of this test are close — they good enough. I imagine none of the candidates will have trouble communicating in English. I would focus more on how you jive best with and who has a track record of success.

          • Justin Cooke says:

            “All else being equal” your point about the grammar test makes sense…but I would make damn sure one isn’t better than the other in the ways Joe’s mentioned here. He’s right in that there are other things (track record, seeing eye-to-eye) that are more important than the 7 point score, IMO.

          • Gunnar Bengtsson says:

            Good points guys. Making it even harder to choose, the highest test score applicant actually has the lowest credentials – some type of technical college/computer studies, where both of the others have a BSc in Information Technology. My gut feeling says they all should do well in this position though. VSF has done a good job of screening candidates.

            In the end I’m just going to take a deep breath and pick one of the three. Ideally I could have gone with all three and seen which one did better over time but I can’t really justify hiring more than one person at this time.

  3. tiedtothe wind says:

    Trying to come up with a great reason why you should give my that .co.uk site. I must be under valuing myself, because I can’t think of one yet.

    Great show though guys, some great tips.
    Eddy. The eventual entrepreneur

    • Justin Cooke says:

      Hey Eddy!

      We just want to make sure we’re sending them off to a “good home”, so to speak. They were our babies, so we want to send them off to someone that might have a plan or idea on how to use them. :-)

  4. Peter Nilsson says:

    Ok guys..tell me..are u not getting the reults u use to with EMD and therefore going towards brandable domains with linkjuice..have you experienced that the value of EMDs has gone down a lot recently and do you regurly try to register EMD and redirect expired domains to your EMD..help me out here I just registred and is plowing through your guide at the moment..have some experience in niche websites and would really like to hear your view on this.

    • Justin Cooke says:

      Hey Peter,

      We’re pulling up the data now on this. (It’s manual…taking a while) What we’ve seen so far is that the sites are still profitable for us, EMD’s still work, etc…just not as well as they did when we first started.

      For example, a site that earned $10/month with us before was worth around $250-$270 in a sale. ($50-$70 in earnings and $200 in sales value)

      Now…a site earning $7/month is only worth $160-$180. That works…just not AS profitable as before.

      There’s also another concern – we want to sell and support sites in the $4K – $20K range. Most of our (current) niche sites don’t get to that level. If we’re going to get there and serve that market, we have to build bigger, higher-earning sites, if that makes sense…

      Trust me, if we thought the niche sites we were building today didn’t work or were not profitable, we’d dump them like a bad habit. Otherwise, we’d be throwing good money after bad…not a good path for us!

  5. Curtis Cooper says:

    HI Guys,

    I really enjoyed the episode. Lot of good tips and I also run into a lot the same problems. Especially people not showing up for interviews. I have had days that were fully booked with face to face interviews in my office and not even one person showed up! Talk about frustrating. I would say on the average, I get about a 50% that are no call no show. Some will send me a text a few hours after the interview and give me some lame excuse.

    One thing that was not mentioned is the amount of pay that the staff are getting. I have found through much trial and error, is when I pay my staff more the performance, attendance, retention and attitude is greatly improved and well worth the money spent.

    Hope to see you guys again soon!

    • Glad you like this episode Curtis.

      As for pay, I always advise hourly pay in the Philippines. This rewards employees who work a full day, overtime, and holidays. Yes perhaps efficiency is not valued as much, but there are other ways to track that.

      We should get together for a beer some time and swap strategies.

      • Curtis Cooper says:

        OK Joe, I would like that. Hope to see you soon!

      • Iain Robson says:

        Isn’t that a bit different than what Chris Ducker does?

        I think he does 500$ flat rate. If my memory serves me correctly.

        I really like that idea though Joe it makes perfect sense.

        • Are you talking about VSF? That’s a flat fee just to find the agent — you still need to pay the agent directly. I’m not sure what Chris recommends but I know he would prefer full time work. And I think he would agree with me that hourly is the way to go.

          • Iain Robson says:

            Yeah for VSF.

            I know there is a flat fee to help find a VA, but after that I am not sure how the pay works. I’ve heard 500$ a month but that may be dated now.

            Chris suggests a full time VA over a part time one for sure.

            In either case, hourly makes the most sense.

          • To be clear I agree, it’s better to hire VA full time. But even at full time I think hourly pay is more rewarding for both the employer and employee.

          • Iain Robson says:

            Have you ever experimented with flat rate?

          • Yes, we have and I will always try to stay away from it. I recommend this to my outsourcing clients as well, especially with new untested agents. Sometimes they take my advice and sometimes not, with mixed results. To me the small number of horror stories of people not showing up for work on time, taking too many days if off is proof enough to always go hourly.

          • Justin Cooke says:

            How much you pay per month is going to depend on the skillsets required, experience level, etc.

            Keep in mind that Chris has to play both sides of the fence there…on the one hand he’s recruiting VA’s to come work with VSF for good rates, cool bosses, awesome projects, etc. On the other, he’s helping business owners find good VA’s.

            I’d also mention that you can agree to a particular rate (i.e. $500/month) and have that broken down hourly ($3.12/hour at 160 hours per month…a little less for accounting nerds!) You can track via something like HiveDesk…

  6. Charles says:

    Hey Justin and Joe,

    I know people are going to be talking about all these things why they are standup people, their grandma recently dead, they desire it due to their left eye missing, their girlfriend/boyfriend left them for their mother/dad, etc(the last one was sick! I know).

    Well, sorry, but everyone has a story why they should desire it. I could say I’m x, x,x,x,x,x,x, and x, but it doesn’t matter.

    You might ask why I’m say this, since I’ve talked to Justin before, and he knows a bit of my story. I’m not saying this isn’t important, but the fact of the matter is that everyone has a history. I’m saying this doesn’t matter due to one fact, making a business isn’t about your recent history, your past, or if your in college. It might mean experience in some cases, but the fact of the matter is your brown nosing(here’s a tissue), and that you go to college isn’t revolutionary. It’s more of a join the club kind of thing.

    It’s all about drive, working hard, and hustling, but most of all the smarts to do it. Do you want your old business in the hands of someone that has some great list of ideas they read from a WSO or typical hiring response statements such as they can bake their grandma cookies(too soon with the grandma jokes? sorry), think of something they “can” do, or their biggest fault is they care too much(aw that too sweet?). It’s all about thinking of interesting ways to grow the business, and someone that will really do(not “can”) it. Someone that does(again, not can) allow you to look back at it, and say wow I’m glad I left that business to Charles. (ignore the psychological transfer process going on there with the name drop. charles. charles.)

    If that’s what you want… I’m waiting for you.

    PS: Sorry about your grandma dude that sucks, mind if you share that cookie recipe with me?

    • Justin Cooke says:

      Yeah, looking at results and what’s actually been done is important. You can’t totally discount the backstory, but there’s definitely more weight applied to results, I think!

  7. Miki Vicioso says:

    Hey guys! I’ve been hiring people for the past 6 months, I finally have a team of 5 :) it was a process and have to go over several people really impress with the bad quality of workers out there. Anyway! great podcast!

    • Justin Cooke says:

      It can be a learning process, for sure…and sometimes hard to find the right people!

      Careful, though…when you have problem after problem with people on your team, new hires, etc…eventually you have to turn that finger (and blame) around at yourself and see what you’re doing wrong. When everyone else starts to seem like X…there might be something wrong on your end!

      Joe and I were joking about that ourselves today, actually, when it comes to us and hiring developers, lol.

  8. OMG. No KPI? WTF.

    Just kidding guys, great primer on getting started with a VA,
    Very educational and very actionable,

    Thanks!

    • Yeah we’ll leave those acronyms for the corporate suits. However, when dealing with a bunch of candidates, it makes sense to objectively score them so you can identify the clear leaders. Pick 3-5 categories and average the score. Top candidates make it to the second round.

  9. Jennifer says:

    Thanks guys for the podcast it was very reassuring.

    I seem to be going through SEO/WP VAs like crazy.

    It’s been 1 week with the latest and I have to repeat my directions a million times. I say DO NOT remove the photos on the WP site and when they submit their work all images are gone and everything I asked for was not done correctly.

    My VA even called me the wrong name and spelt my name wrong.

    I w have a full time job and work with people overseas all day long and they seem to understand me just fine. Obviously there can be miscommunication and I completely understand there will be hand holding – but when do you decide enough is enough and this person is not teachable?

    Any advice is very much appreciated!

    • Sounds to me like a training issue, although you might be hiring the wrong people too. Use the grammar test we recommend so you can be confident that the candidate’s English is strong. Use our recommended training process and be sure to document what you want done using screenshots or recordings.

  10. mark savastano says:

    Apologize if this is a repeat, it didn’t seem to post.

    Excellent Podcast, and I purchased the Pro – Empire Starter Pack last month. I am learning a lot doing all the tasks related to building and ranking niche sites.

    Contest:

    I would like to be considered for the http://getmelistednow.com/ and GetMeListedNow.co.uk giveaway.

    I currently do WP sites on the side for small businesses, as well as SEO. I have been really digging into SEO and
    keeping up with the latest trends, etc. Some of the experts I follow are Glen from http://www.Viperchill.com Brian Dean from http://www.backlinko.com, and http://www.moz.com, and several others.

    I live just outside of NYC, and there is such a gap between local businesses and an online presence. I feel there is so much value to be offered.

    Most service, or even product-based businesses, could really expand their customers by taking advantage of SEO.

    For example: take a search for “Location”and “Service”. Using Long Tail Pro you would see that these types of searches are generally low searches, maybe a
    couple of hundred at most. The first page of Google is ripe for this kind of term.

    Now for most Affiliate Marketers and E-commerce people it’s generally too low to even bother with. This is what is
    perfect for small businesses, here are some advantages:

    a. Easy to rank for.
    b. Very targeted traffic(high CTR), these people have their ‘Wallets’ or ‘cell phones’ in hand.
    c. Converting even a handful of customers a month could mean thousands of dollars in new business for a service company or a lifetime customer for a retail/ product store

    Real-life Example:

    I’m Italian and I love good Italian bread, even in North Jersey it’s not always easy or convenient to find. A few weeks ago, I was having dinner party, and did not want to travel down to the usual places(hour drive).

    I threw in the search “North Jersey” “Best Italian bread” and “Bakery” “North
    Jersey”, and the results are total garbage. The top 10 consisted of 5 Yelp reviews and a Bakery that’s been out of business for two years?!?! The site hasn’t been updated in two years and they rank on page #1.

    Question: How hard would it be to outrank a bunch of Yelp reviews and a closed down bakery?

    Hint: Not that hard.

    Plan:

    For GetMeListedNow.com, I would reach out to local businesses in the area and start contacting them for the service, doing some preliminary research on their business. I would even do it for free in the beginning until I built up some reputation. Work out an arrangement like, I‘ll do this for nothing or minimal cost, and after
    one or two months if you like the results you will agree to pay this. I would concentrate on over-delivering, and working closely with each business, until businesses were knocking on my door to give me work.

    Things I wouldn’t do:

    Waste time on the latest marketing trends or get heavily involved in Social Media, Email Marketing, or Advertising. I would
    concentrate on creating the best value out there, over-delivering, and building a rock solid foundation for this business. Once that
    is firmly planted, then strategically expanding and widening my audience would make sense.

    This business is very scalable. You could expand into new territories and could someday even replace the model for
    listing services like Angie’s List and Service Magic, except it would be free.
    for the consumers.

    Start Locally, Think Globally.

    That’s my plan.

    Thanks,

    Mark

  11. Justin Cooke says:

    Hey Rick!

    We’ll definitely keep you in the running for GMLN – Joe and I will be discussing next week!

    Glad to hear you’re having great results with IntelliTheme! Most of the feedback has been really positive, we’re happy to report!

  12. Justin Cooke says:

    Hey, Mark…

    Love the strategy! Joe and I will discuss who we’ll be giving the sites to next week. I dig your strategy…if you’re the winner I’d love to have a call or two to go over tactics and (hopefully) help give you a running start!

  13. Justin Cooke says:

    Hey Tung!

    I just read about your journey with VA’s on your site…interesting stuff:

    http://www.cloudlivingjourney.com/hiring-virtual-assistant/

    I like how you used filters and canned responses with applicants…that was a pretty slick idea. Definitely important to do the face-to-face with final interviews, I think…

    Definitely document the job…have your VA do it, in fact! You should already have the basic/general outline documented, but you can have the VA add in the more specific details…

  14. Justin Cooke says:

    Hey bobdak,

    Interesting that you’ll use this episode in the reverse…to help people land a job…awesome!

    I dig the GMLN plan…I think you’re on to something there! We’ll discuss the “winner” next week…thanks for the comment and strategy outline!

  15. Dave Gibbins says:

    Episode 62 was an awesome podcast! As always! There are so many weeks where you bring out a podcast just as I am in the thought process of the subject you host. Hiring your first VA is one of those steps I have not yet taken. Lots of tips in there for any VA hiring novices like myself!

    I have put to use your ‘Easter egg’ tip when hiring a developer on Elance, thanks you guys, I was able to discard about a third of the applicants with ease! Some looked to have great English but they didnt read my job thoroughly obviously!

    Which brings me onto the Getmelistednow.co.uk domain name… I am working on an app which promoted bars and clubs in the UK, it is set to go live very soon. The plan is to then roll out a similar app for restaurants. getmenlistednow.co.uk (or/and .com) would be an awesome side product to go alongside the app. Where I can use my digital marketing and SEO skill with the bars, clubs and restaurants I have already partnered with to do great local SEO and help them further (with a little more consulting money for me ;) ).

    Keep up the great work, blogs and podcasts Justin and Joe, you give so much out for free and its appreciated!

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Seller Terms of Use Agreement

Effective Date: April 1st, 2016

Introduction

Welcome to Empire Flippers. We take the friction out of buying and selling websites.

This is our Seller’s Terms of Use Agreement (“Agreement”) and it contains important provisions regarding your use of this website, including provisions regarding your sale of a website, app, or other online business (“Asset”). You should review this Agreement carefully before deciding whether to list an Asset for sale through Empire Flippers. If you do not agree to the terms contained within this Agreement, you should not sell an Asset through Empire Flippers.

This Agreement is being entered by and between you, the user, and Empire Flippers, LLC (“Broker”). Broker is the owner of an online marketplace for buying and selling websites (“Services”), which are provided subject to the terms of this Agreement. You are referred to as “You”, “Your”, or “Seller”. The person or entity buying the Asset is referred to as Buyer. Buyer and Seller are collectively referred to as the Parties.

The person or entity buying your Asset is referred to as the Buyer. Buyers must agree to the Buyer’s Terms of Use Agreement available here, and incorporated into this Agreement.

BY AGREEING TO THIS AGREEMENT YOU ARE MAKING A FORMAL OFFER TO SELL AN ASSET “AS IS” AND WITHOUT ANY CONTINGENCIES EXCEPT AS OTHERWISE EXPRESSLY PROVIDED. ONLY AGREE TO THESE TERMS AND CONDITIONS IF YOU ARE WILLING AND ABLE TO COMPLETE THE SALE.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE OR SERVICES. WHEN YOU LIST YOUR ASSET FOR SALE, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE OR SERVICES. BROKER RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE DISCRETION. IN THE EVENT BROKER MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.

A. Offer to Sell and Purchase Price. You have made an offer to sell an Asset through your decision to list the Asset for sale though Broker’s Services.

The first step to listing an Asset for sale is paying a non-refundable listing fee (“Listing Fee”) to Broker. Upon your payment of the Listing Fee and submission of your Asset details, Broker will perform its review of your Asset. Broker, in its sole discretion, will approve or reject your Asset for listing on the Broker’s website and participation in the Services. Broker reserves the right to reject any Asset submission for any reason or no reason at all.

You are also agreeing to provide any ancillary services, including training, as detailed on the listing page of your Asset on Broker’s marketplace.

B. Eligibility. By using the Empire Flippers’ website or Services, you warrant and agree that you are either above the age of majority in your nation, state, province, territory, or city, or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Services on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.

C. Seller Warranties. Seller warrants that:

  • Seller has the full power and legal authority to execute this Agreement;
  • Seller has clear and unencumbered title to the Asset and all related assets to be sold through the Broker’ Marketplace, including all intellectual property rights;
  • Seller has not placed the Asset to be sold subject to a mortgage, pledge, lien, or encumbrance, except for those taxes which shall be prorated as of the date of the Completed Migration;
  • There are no bankruptcy or reorganization proceedings currently filed against Seller that would impede its ability to complete this Agreement;
  • To the best of Your knowledge, there is no lawsuit or pending charge against your Asset; and,
  • Seller makes no other express or implied warranties with respect to Seller.


D. Exclusive Listing. Once your Asset is listed on the Broker’ Marketplace, you agree this is an exclusive listing for a period of six months (“Listing Term”). Specifically, you agree that Broker is the exclusive permissible method to sell your Asset during the Listing Term. You may not, directly or indirectly, list, solicit offers, or attempt to sell your Asset using any other service, person, or agent for the duration of the Listing Term. If you violate this provision, you agree to pay Broker a commission of fifteen percent (15%) of the total sale price of your Asset to Broker, plus any costs and attorney fees Broker incurs in connection with enforcing this Agreement.

E. Maintenance of the Business During the Listing Period. During the Listing Period, you agree to maintain your Asset as it was prior to the Listing Period, to the best of your ability. This includes, but is not limited to, maintaining third-party links on the Asset to be sold and other websites and any marketing, advertising, or other referral source, if applicable. During the Listing Period, you also agree to maintain accurate and up-to-date business records and to provide the same to Broker upon request.

F. Sale Terms. If Broker, in its sole and absolute discretion, approves your Asset for listing in the Broker’s marketplace, Broker will suggest a listing price. Once you agree to that listing price, as evidenced by the listing of your Asset at that price on Broker’s marketplace, you are obligated to accept full listing price offers from Buyers. To be clear, by agreeing to this Agreement, you are deemed to have accepted any full listing price offers on your Asset. Any written confirmation of your acceptance of the listing price, while not required, is incorporated into this Agreement.

G. Migration Process & Inspection Period.
  • Subsequent to Buyer’s acceptance of Buyer’s Terms of Use Agreement, which is incorporated into this Agreement in whole, and payment of the Purchase Price to Broker, the process to transfer the Asset to the Buyer begins (“Migration Process”). The Parties understand and agree that the Migration Process typically takes 2 - 4 weeks to complete, but could take substantially longer. The Parties acknowledge and agree that Broker cannot guarantee a specific timeframe for the Migration Process.
  • The Migration Process is completed when the Buyer confirms sole control and ownership of the Asset or when Broker has confirmed, in its sole and absolute discretion, that Buyer is in control and has ownership of the Asset (“Completed Migration”).
  • Buyer shall have a period of fourteen (14) days from the Date of the Completed Migration to fully inspect the operation of the Asset (“Inspection Period”) upon the following terms and conditions:
    • During the Inspection Period, Buyer shall have the opportunity to confirm the Asset’s Post-Migration Monthly Net Revenue is consistent with the Asset’s Average Monthly Net Revenue.
    • Post-Migration Monthly Net Revenue is defined as the Assets’ monthly gross revenue after the Completed Migration less normal and customary expenses associated with the historical operation of the Asset as provided in the Average Monthly Net Revenue.
    • Average Monthly Net Revenue is defined as the most current information regarding the Asset’s average monthly net revenue made available on the Broker’s website.
    • Buyer shall have the right to request termination of this Agreement to cancel the sale and obtain a refund of the Purchase Price if the Post-Migration Monthly Net Revenue is less than seventy-five percent (75%) of the Average Monthly Net Revenue during the Inspection Period (“Substantive Deviation”). If the Post-Migration Monthly Net Revenue is seventy-five percent (75%) or more of the Average Monthly Net Revenue, Buyer shall have no right to request to terminate or cancel this Agreement.
    • To enforce his ability to request termination of this Agreement based on a Substantial Deviation, Buyer must 1) notify Broker in writing of his request to terminate this Agreement within the Inspection Period at support@empireflippers.com or the Zendesk ticket already being used and 2) provide evidence of the Substantial Deviation and Post-Migration Monthly Net Revenue through screenshots or providing Broker access to the Asset.
    • If Buyer requests termination of this Agreement consistent with the provisions above, Broker will conduct an investigation into the matter. The Parties agree and understand this investigation could take 2-4 weeks to complete or longer depending on the circumstances (“Broker’s Investigation Period”). Broker may require additional information from the Parties to conduct its investigation and the Parties agree to reasonably comply with such requests.
    • If Broker confirms the presence of a Substantial Deviation, Broker will cancel the sale, the Asset will be returned to Seller and the Purchase Price will be returned to Buyer. The Parties agree to cooperate to complete these actions.
    • If Broker confirms no Substantive Deviation exists, the sale will close as contemplated consistent with paragraph 7, iv.
    • Broker retains full and sole authority to determine the presence or absence of a Substantial Deviation.
    • If Buyer fails to provide written notification of his request to terminate this Agreement within the Inspection Period, Buyer is deemed to have freely and voluntarily waived any and all contingences in connection with his purchase of the Asset, including any discrepancies, fluctuations, or changes in the performance of the Asset and specifically its gross revenue, net revenue, expenses, traffic, and other metrics of performance, including any discrepancies, fluctuations, or changes in the performance of the Asset during the Migration Process or during the Inspection Period.
    • The Parties are free to waive the Inspection Period and close the sale consistent with paragraph 7, iv at any time.
  • Upon expiration of the Inspection Period, or if applicable the Broker’s determination regarding a Substantial Deviation, Broker will release eighty-five percent (85%) of the Purchase Price to Seller, which constitutes the Purchase Price minus Broker’s Commission (“Net Purchase Price”). Broker will retain the Commission.
  • The Parties agree to provide Broker all necessary information upon request to facilitate the Migration Process.


H. Default and Termination. Broker reserves the right to terminate the Migration Process at any point for any reason or no reason at all. If Broker terminates the sale, it agrees to return the Purchase Price to Buyer and the Asset to Seller.

I. Remedies for Material Breach. The Parties, including the Broker, understand and agree that monetary damages would not be a sufficient remedy for any breach of this Agreement and that, in addition to monetary damages and all other rights and remedies available at law or according to the terms of this Agreement, the non-breaching Party, including the Broker, shall be entitled to equitable relief, including injunctive relief, specific performance and/or the granting of an immediate restraining order or preliminary injunction (without posting bond) enjoining any such breach or reasonably anticipated breach as a remedy. Such equitable remedies shall not be the exclusive remedies available to the Parties, including the Broker, for breach of this Agreement, but shall be in addition to all other remedies available at law, equity or according to the terms of this Agreement. At all times, Broker retains complete discretion to cancel any sale and/or Migration Process.

J. Non-Compete Agreement. Seller agrees not to create or operate an Asset that would directly compete with the Asset for at least three years.

K. Indemnification of Buyer.
  • Seller agrees to indemnify Buyer from all liabilities arising out of Seller’s operation of the Asset prior to the Completed Migration;
  • Buyer has agreed to indemnify Seller from all liabilities arising out of Buyer’s operation of the Asset after the Completed Migration; and
  • The Parties agree to indemnify Broker from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys' fees, arising out of or related to this Agreement. The Parties’ obligation to defend Broker will not provide the Parties with the ability or right to control Broker’s defense, and Broker reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.


L. Limitation of Liability

YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT BROKER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE EMPIRE FLIPPERS’ WEBSITE OR SERVICES OR OTHER DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT BROKER’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR SERVICES OR $1,000, WHICHEVER IS LESS.

M. Indemnification of Broker.

You agree to hold harmless, defend, and indemnify Broker from and against any and all claims, demands, judgments, liabilities, costs, and fees, including attorneys’ fees, arising out of or related to: (1) the use of the Empire Flippers’ Website; (2) the use of any Service; (3) the review and listing of your website for sale; (4) the violation of any term or condition of this Agreement; (5) the violation of the rights of third parties, including rights of privacy or publicity or intellectual property rights; and (6) the violation of any law, statute, regulation, ordinance, or treaty, whether local, state, provincial, national, or international. Your obligation to defend and indemnify Broker will not provide you with the ability or right to control Broker’s defense, and Broker reserves the right to control its defense, including, but not limited to, the choice to litigate or settle and the choice of counsel.

N. General Provisions.
  • Fair Market Value. The Parties each acknowledge the Purchase Price represents fair market value.
  • Costs. The Parties agree to pay their own costs and expenses incurred with respect to this Agreement.
  • Valid and Binding Agreement. This Agreement represents a binding legal obligation and is enforceable in accordance with its terms and is binding and shall inure to the benefit of each Parties’ respective heirs, legal representatives, successors, and assigns.
  • Confidentiality. The Parties agree to maintain complete confidentiality regarding this Agreement.
  • Waivers. A waiver by either Party to any provision of this Agreement does not constitute a waiver of any other provision of this Agreement.
  • Notices. Any notice to Broker required under this Agreement shall be in writing and shall be deemed properly given when emailed to XXX.
  • No Third-Party Beneficiaries. Except as otherwise provided, nothing in this Agreement will provide any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind. This Agreement is not a third-party beneficiary contract.
  • Sections and Headings. The sections and headings in this Agreement are for organization and clarification purposes only and should not be interpreted as part of this Agreement.
  • Choice of Laws and Venue. Parties and Broker agree that any and all claims arising out of or related to this Agreement brought by or against Broker, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the Kalamazoo County Circuit Court and pursuant to Michigan law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement.
  • Entire Agreement. Except as otherwise provided, this Agreement is the entire agreement between the Parties. This Agreement supersedes any prior written or oral agreement between the Parties.
  • Severability. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
  • Amendments. This Agreement may be amended in writing if both Parties sign and date in writing.
  • Effective Date. The Effective Date of this Agreement is the date it is agreed to by Buyer.

Depositor Terms Of Use Agreement

Effective Date: April 1st, 2016

Introduction

Welcome to Empire Flippers. We take the friction out of buying and selling websites.

This is our Depositor’s Terms of Use Agreement (“Agreement”) and it contains important provisions regarding your use of this website, including provisions regarding your deposit of money in connection with a potential purchase of a website, app, or other online business (“Asset”). You should review this Agreement carefully before deciding whether to deposit money with Empire Flippers. If you do not agree to the terms contained within this Agreement, you should not deposit money or purchase an Asset through Empire Flippers.

This Agreement is being entered by and between you, the user, and Empire Flippers, LLC (“Broker”). Broker is the owner of an online marketplace for buying and selling websites (“Services”), which are provided subject to the terms of this Agreement. You are referred to as “You”, “Your”, or “Depositor”. Collectively, Depositor and Broker are referred to as the Parties.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE OR SERVICES. WHEN YOU ACCEPT THESE TERMS, YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE OR SERVICES. EMPIRE FLIPPERS RESERVES THE RIGHT TO MODIFY, AMEND, REPLACE, SUSPEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN IT SOLE DISCRETION. IN THE EVENT EMPIRE FLIPPERS MODIFIES, AMENDS, OR REPLACES THIS AGREEMENT, THE EFFECTIVE DATE, LOCATED ABOVE, WILL CHANGE. YOUR USE OF THE WEBSITE OR SERVICES AFTER A CHANGE IN THE EFFECTIVE DATE CONSTITUTES YOUR ACQUIESCENCE TO AND ACCEPTANCE OF ANY MODIFICATION, AMENDMENT, OR REPLACEMENT.

  1. Deposit Amount. You are agreeing to place on deposit with Broker the amount stated for the applicable listing (“Deposit”).
  2. Information. By making the Deposit with Broker, You will be given confidential information regarding the Asset, including but not limited to access to the URL (if applicable), detailed proof of earnings, and access to seller for questions.
  3. Confidentiality and Non-Disclosure.
    1. Depositor will be provided Confidential Information after making the Deposit. “Confidential Information” shall mean nonpublic proprietary information revealed by the providing party (whether in writing, orally or by any other means) to the Depositor including (a) information expressly marked or disclosed as confidential, (b) all forms and types of financial and/or business information, (c) any and all details relating to the Asset, including its URL, detailed sales and revenue details, and any other information related to the Asset.
    2. Confidential Information shall remain the property of the providing party and all applicable rights in patents, copyrights, trade secrets and similar intellectual property rights embodied in the Confidential Information shall remain in the providing party. The Depositor party agrees to treat all such Confidential Information as confidential and shall not disclose such Confidential Information to any third party; provided that the Depositor may disclose the Confidential Information to its Representatives (as defined below) who have a need to know such information in connection with the evaluation of the purchase of the Asset. The Depositor shall use at least the same degree of care to avoid disclosure of such Confidential Information as the Depositor uses with respect to its own confidential information of like importance.
    3. The Depositor shall not use Confidential Information for any purpose other than evaluation of the Asset for purchase and shall prohibit its agents, financial advisors, employees, officers and directors (collectively, “Representatives”) from using the Confidential Information for any purpose other than as specifically agreed upon by the parties hereto.
    4. This Agreement shall not apply to information that on the effective date of this Agreement has been or thereafter is: (a) developed by the receiving party independently of the providing party and not based upon or derived from information provided or delivered by the providing party to the receiving party; (b) rightfully obtained by the receiving party from a third party without restriction; or (c) publicly available other than through the receiving party in violation of the terms of this Agreement.
    5. In the event that the Depositor is required to disclose any Confidential Information, the Depositor will cooperate with the providing party and, when possible pursuant to statutory or regulatory authority, provide the providing party with prompt written notice so that the providing party may seek a protective order or waive compliance by the Depositor with the provisions of this Agreement.
    6. The Depositor acknowledges that the unauthorized disclosure of Confidential Information may cause irreparable injury to the providing party and that, in the event of a violation of any of the Depositor’s obligations hereunder, the providing party shall have no adequate remedy at law and shall therefore be entitled to seek enforcement of each such obligation by temporary or permanent injunctive relief without proving damages, and without prejudice to any other rights and remedies which may be available to the providing party at law or in equity.
  4. Right of First Refusal. If, at any time while Depositor’s Deposit is on account with Broker, the Seller associated with the listing connected to your Deposit receives a bona fide offer below list price from any party to purchase the Asset, Broker shall notify Depositor of the offer. If Depositor does not elect to match the offer in writing within twenty-four (24) hours, Seller may then sell the Asset to the first offeror, provided the sale is on the conditions specified in the offer sent to Depositor.
  5. Refund of Deposit. Depositor may request a refund of the Deposit at any time, for any reason, or no reason at all. Broker will refund the Deposit as soon as commercially possible.
  6. Deposit Not Used for Purchase. Should you choose to make a purchase of an Asset, your Deposit will be returned to you and will not be used as a potion of the Payment Price of the Asset.
  7. Wire Fees and Other Expenses. Broker does not charge Depositor any wire or transfer fees, however, certain fees and expenses may be charged by your financial institution and are solely your responsibility.
  8. Notices. All notices required under this Agreement shall be made to Broker at support@empireflippers.com.
  9. Choice of Laws and Venue. Parties and Depositor agree that any and all claims arising out of or related to this Agreement brought by or against Broker, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the Kalamazoo County Circuit Court and pursuant to Michigan law. The Parties expressly consent to personal and subject matter jurisdiction in this forum. The prevailing party is entitled to payment of its costs, expenses, and attorney fees by the non-prevailing party for actions, disputes, or litigation arising out of or related to this Agreement.
  10. Entire Agreement. Except as otherwise provided, this Agreement is the entire agreement between the Parties. This Agreement supersedes any prior written or oral agreement between the Parties.
  11. Effective Date. The Effective Date of this Agreement is the date Depositor consents to the same.